Courts We Serve
- 21 April, 2018
- 15 April, 2018
- 3 April, 2018
Expungement of Arrests Not Resulting in Conviction
Woodbridge NJ Expungement Lawyers
In our legal system, a defendant is innocent until proven guilty in Woodbridge and everywhere else in Middlesex County. The State must prove, beyond a reasonable doubt, that the underlying criminal offense was committed. The State is not always successful in meeting this standard. As a result, individuals are sometimes acquitted or the charges are dismissed by the State because the charges are not sustainable. However, the arrest is still a public record and can surface during background checks and the like. Therefore, it is essential to get an expungement of this arrest since a potential employer or other interested party might look at the record unfavorably. The former prosecutors and skilled criminal lawyers at our firm can assist you in the procees. If you or a loved one has an arrest on record that need to be expunged, contact the Woodbridge Office at The Law Offices of Jonathan F. Marshall. We can be reached 24/7 at 732-634-0700. Initial consultations are free of charge.
Expunging the Record of An Arrest Not Resulting in Conviction in Middlesex County
N.J.S.A. 2C:52-6 governs the expungement of an arrest not resulting in conviction and reads in pertinent part:
§ 2C:52-6. Arrests not resulting in conviction
a. When a person has been arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense, or municipal ordinance violation under the laws of this State or of any governmental entity thereof and proceedings against the person were dismissed, the person was acquitted, or the person was discharged without a conviction or finding of guilt, the Superior Court shall, at the time of dismissal, acquittal, or discharge, or, in any case set forth in paragraph (1) of this subsection, upon receipt of an application from the person, order the expungement of all records and information relating to the arrest or charge.
(1) If proceedings took place in municipal court, the municipal court shall provide the person, upon request, with appropriate documentation to transmit to the Superior Court to request expungement pursuant to procedures developed by the Administrative Office of the Courts. Upon receipt of the documentation, the Superior Court shall enter an ex parte order expunging all records and information relating to the person’s arrest or charge.
(2) The provisions of N.J.S.2C:52-7 through N.J.S.2C:52-14 shall not apply to an expungement pursuant to this subsection and no fee shall be charged to the person making such application.
(3) An expungement under this subsection shall not be ordered where the dismissal, acquittal, or discharge resulted from a plea bargaining agreement involving the conviction of other charges. This bar, however, shall not apply once the conviction is itself expunged.
(4) The Superior Court shall forward a copy of the expungement order to the appropriate court and to the prosecutor. The prosecutor shall promptly distribute copies of the expungement order to appropriate law enforcement agencies and correctional institutions who have custody and control of the records specified in the order so that they may comply with the requirements of N.J.S.2C:52-15.
(5) An expungement related to a dismissal, acquittal, or discharge ordered pursuant to this subsection shall not bar any future expungement.
b. When a person did not apply for an expungement of an arrest or charge not resulting in a conviction pursuant to subsection a. of this section, the person may at any time following the disposition of proceedings, present a duly verified petition as provided in N.J.S.2C:52-7 to the Superior Court in the county in which the disposition occurred praying that records of such arrest and all records and information pertaining thereto be expunged. No fee shall be charged to the person for applying for an expungement of an arrest or charge not resulting in a conviction pursuant to this subsection.
c. Any person who has had charges dismissed against him pursuant to a program of supervisory treatment pursuant to N.J.S.2C:43-12, or conditional discharge pursuant to N.J.S.2C:36A-1, or conditional dismissal pursuant to P.L.2013, c. 158 (C.2C:43-13.1 et al.), shall be barred from the relief provided in this section until six months after the entry of the order of dismissal.
d. Any person who has been arrested or held to answer for a crime shall be barred from the relief provided in this section where the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the crime charged.
Therefore, if you were arrested and charged with a criminal offense which was ultimately dismissed or you obtained an acquittal at trial, you can immediately apply for an expungement in New Jersey. Contact our Middlesex County criminal defense attorneys for immediate assistance.